The Aquifer Protectors! From L to R, Eric Allmon (attorney for Environmental Stewardship), Michele Gangnes (pro bono attorney for landowners Meyer, Hanna and Brown), Andy Meyer (Paige landowner), Darwyn Hanna (Bastrop landowner), Ernie Bogart (pro bono attorney for landowners Meyer, Hanna and Brown), Betz Brown (Lee County landowner), Don Grissom (pro bono attorney for landowners Meyer, Hanna and Brown), Steve Box (Executive Director Environmental Stewardship)

In a preliminary hearing on Monday, August 12, 2013, Administrative Law Judge Michael O’Malley from the State Office of Administrative Hearings (SOAH), heard testimony and arguments from End Op (applicant), Environmental Stewardship and three landowners (petitioners), and counsel for the Lost Pines Groundwater Conservation District regarding the petitoners request for “party” status.  After 5 hours of testimony and cross-examination, Judge O’Malley advised that he will receive written responses by August 29th and will issue an order on his decision in early September.  A hearing on the merits of the contested case hearing will likely be held in February, 2014.  

Aqua Water Supply Corporation requested the contested case hearing and has already received party status. 

If granted, party status will provide an opportunity for Environmental Stewardship and the landowners to participate the February, 2014, hearing on the merits of the End Op Application.  End Op vigorously opposed our requests to participate in the hearing on merits.  

What does it mean to be granted Party Status?  This is a good news/ bad news scenario.  As we saw in the hearing, a contested case administrative hearing is very much like a court trial, except that it is heard by an administrative law judge from the State Office of Administrative Hearings (SOAH).